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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Intellectual Property and EU Competition Law 2nd ed isbn 9780198708247

Intellectual Property and EU Competition Law

ISBN13: 9781904501459
New Edition ISBN: 9780198708247
Published: March 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

The interface between intellectual property rights and competition policy is one of the most important and difficult areas of EU economic law.

The exploitation of exclusive rights can conflict with competition law, which aims to preserve competition as the driving force in efficient markets. These conflicts have to be resolved against the background of a complicated relationship between EU law, national laws and international treaties relating to intellectual property.

There have been major developments recently in this area, including the new Technology Transfer Block Exemption, the Commission's Guidelines on Technology Transfer, and cases such as IMS and Microsoft concerning the circumstances in which exploitation of intellectual property rights is an abuse of a dominant position.

This practical book contains a detailed explanation of the application of EU competition law to all types of intellectual property, including recent developments, and the resulting regulatory framework for the exploitation and licensing of intellectual property rights.

Competition Law, Intellectual Property Law
I. Exclusive rights and Community competition policy:
A. Fundamental principles
B. Article 81
C. Article 82
D. Control of concentrations
II. Technology:
A. Overview
B. Technology transfer
C. Technology pools
D. Research and development
E. Specialisation and sub-contracting
III. Culture:
A. General approach
B. Collecting societies
IV. Branding:
A. Overview
B. Franchising and merchandising
C. Distribution
D. Transfers
E. Resolution of conflicts
V. Appendix: Selected legislation